DUI/DWI cases have the potential to be confusing, as there are many moving components that go into a charge, such as a field sobriety test, use of breathalyzers, or drug tests. If you have been subject to any of these tests, it could become almost impossible to prove innocence if a test that was given proves that your blood alcohol level was above the legal limit, or that there were significant drugs in your system. A skilled DUI attorney could help to discuss plea deals in Fredericksburg DUI cases, and potentially aid you in your next steps.
Individuals are generally not be asked to enter a plea at an arraignment. Before entering any agreement or plea of guilty, it is important to fully evaluate the evidence against the defendant and to discuss each element of the offense with an experienced DUI attorney.
There are no circumstances in which a person might receive probation before judgment or probation at an arraignment after pleading guilty. Probation before judgment and probation at arraignment are not options available in Virginia.
Pleading not guilty for a driving under the influence case means a case is set for trial and the Commonwealth has to present their evidence to attempt to prove their case beyond a reasonable doubt. A guilty plea means an individual is telling the court that they are guilty of the offense.
This could take away the reasonable doubt that could be argued in court, as the defendant has asked the court to assume they are guilty. A person may continue to argue their case after pleading guilty, but that individual may not argue the facts of their case. They may only argue the type of sentence that should be imposed.
If a defendant has an experienced DUI attorney who has the potential to negotiate a good deal with the prosecution, then it could be beneficial to go forward with a guilty plea. In this case, a lawyer may get the opportunity to speak with the prosecutor and negotiate a plea bargain.
Pleading no contest or nolo contendere is always an option for plea deals in Fredericksburg DUI cases. A plea of no contest or nolo contendere has the same impact as a plea of guilty, meaning that it is a request for the court to find them guilty of the offense charged. By complying to not contest, the defendant allows for all evidence presented by the prosecution to be accepted in court.
It is important to speak with a driving while intoxicated attorney as soon as possible, as they could potentially waive an arraignment. Arraignments have the option of being waived since one of the main purposes is to confirm if the defendant knows their rights and understand the charges being brought against them.
An experienced DUI defense lawyer could be the way to avoid this hearing and potentially advance the defense of your case. By having an accomplished DUI attorney, you could potentially forego the stress of an arraignment and organize an appropriate trial date.
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